Factories, Machinery and Construction Works Act, 1972
Act 17 of 1972
- Assented to on 5 April 1972
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Factories, Machinery and Construction Works Act, 1972, and shall come into force by notice in the Gazette.
2. InterpretationIn this Act unless the context otherwise requires—“accident” includes any accident reportable under this Act or under the Workmen’s Compensation Act, No. 4 of 1963;“approved” means approved by the commissioner;“article” includes any solid, liquid, vapour, gas or any combination thereof;“bodily injury” includes injury to health;“commissioner” means the Labour Commissioner appointed under section 4 of the Employment Act, No. 51 of 1962;“construction work” means—(a)any work in connection with the erection, alteration, repair, repainting, maintenance, renovation or demolition of any building or structure;(b)the construction, structural alteration, repair (including repainting) or demolition of any road, bridge, tunnel, inland navigation, viaduct, waterworks, reservoir, dam, aquaduct, sewage works, gas holder, pipeline for whatever purpose required, and includes any excavation work; and(c)such other construction work as the Minister may prescribe by notice in the Gazette;“employee” means any person who is employed by or works for or assists an employer, in or at any factory, construction work or other premises subject to this Act;“employer” means an occupier or person who in connection with any factory, construction work or other premises subject to this Act employs or provides work for or permits any person in any manner whatsoever to assist him in the carrying out of his business in or about a factory, construction work or such other premises, and “employ” and “employment” have corresponding meanings;“factory” means premises described in section 3;“fume” includes gas or vapour;“industrial disease” includes any disease mentioned in the First Schedule under the Workmen’s Compensation Act, No. 4 of 1963;“institution” includes any institution conducted for medical, mental, educational, training, religious, charitable, reformatory or penal purposes, whether controlled or managed by the Govemment or any person;“inspector” means an inspector designated by the Minister under section 7;“machinery” means—(a)any engine, motor or other prime mover which provides mechanical power;(b)any boiler or other steam apparatus, any pressure vessel or portable gas container; and(c)any appliance or combination of appliances used or intended to be used for generating, developing, receiving, storing, convening, transforming or transmitting any form of power or energy, or for lifting or conveying persons or goods,but does not include a motor vehicle or domestic appliance;“magistrates’ court” means a court established under the Subordinate Courts Proclamation (Cap. 20);“mechanical power” means energy or motion transmitted from an engine, motor or other prime mover from steam, water, wind, electricity, the combustion of fuel or other source;“Minister” means the Minister responsible for Factories and Machinery;“occupier” means any person in actual occupation of a factory or other premises or parts of premises subject to this Act and having the management or control of any activity or business conducted therein;“owner” means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive them if the premises were let;“premises” includes any land, structure, vehicle or vessel;“user” in relation to machinery or plant means the owner of, or person benefiting from the use of such machinery or plant at any premises or place subject to this Act, and includes the person charged with the supervision of such machinery or plant.
3. Interpretation of “factory”
5. Construction workSave for sections 11 to 15 inclusive, and 17 and 18 of Part II, this Act shall mutatis mutandis apply to any construction work undertaken by any employer, contractor or user.
6. Extension of this ActNotwithstanding section 3, the Minister may by notice published in the Gazette and subject to such conditions as may be specified therein, extend the application of all or any of the provisions of this Act to the following premises not forming part of a factory, namely—
7. Designation of public officers as inspectors
8. Powers of inspectorsAn inspector may in the course of his duties—
9. Power to take samples
10. Inspector not to disclose information or source of complaints
Part II – Registration and regulation of factories
11. Premises not to be used as a factory unless registered
12. Submission and approval of plans for buildings or building alterations
13. Registration of factories
14. Premises becoming unsuitable for use as a factory
15. Factors determining unsuitabilityIn considering the suitability of any premises for use as a factory under section 12, 13 or 14, the commissioner or an inspector, as the case may be, shall have regard to any factor which in his opinion is relevant, including the requirements of the Act and all matters relating to the site of the factory, the adjacent or surrounding premises, and the manner in which the factory is or is likely to be equipped or in which the business is or is likely to be conducted.
16. Interdict against use of dangerous premises, etc.
17. Removal of nuisance near a factory
18. Transfer and surrender of certificate of registration
Part III – Notification and investigation of accidents and industrial diseases
19. Notification of accidentsIf any accident in a factory or at a construction work or other premises subject to this Act causes loss of life or prevents any person from continuing his normal activity for three days or more, or causes any injury likely to cause a permanent defect, the occupier or employer or contractor, as the case may be, shall within the prescribed time and manner notify the inspector thereof and of the prescribed particulars:Provided that this section shall not apply if the accident has been or is being notified under the Workmen’s Compensation Act, No. 4 of 1963.
20. Machinery or equlpment not to be removed or alteredIn the case of an accident causing immediate death or serious permanent injury, no machinery or equipment involved or any other contributory causes shall be removed or altered without the permission of an inspector.
21. Inquiries by inspectors into accidents
22. Witnesses at inquiry
23. Notification of industrial diseasesIf any person who works or has worked in a factory is certified by a medical practitioner to be suffering from an industrial disease which appears to be due to the nature of his employment or activity, the employer concerned shall notify an inspector thereof and of the prescribed particulars within the time and in the prescribed manner unless the industrial disease has been or is being notified under the Workmen’s Compensation Act No. 4 of 1963.
24. Investigation of industrial diseases
Part IV – Procedure and miscellaneous
25. Acts or omissions by managers, agents or employees
26. Presumptions and proof by affidavit, etc.
27. Appeal from decisions of inspectors
28. Service of notice under this ActA notice under this Act to any person may be served on him in accordance with section 33 of the Interpretation Act, No. 21 of 1970, but in addition any notice to the occupier of a factory may be served by means of an entry in the factory register, and any notice to the user of machinery may be served by means of an entry in the appropriate boiler or elevator register, if any, prescribed in the regulations.
29. Offences in connection with safety appliances, etc.
30. Particulars in a chargeIn any charge of an offence under this Act against the occupier of a factory or an employer or user of machinery it shall not be necessary—
32. Jurisdiction of magistrate’s courtsNotwithstanding anything in any other law, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by, or make any older of court provided for in this Act.
33. Exemption by the Minister
34. Repeal and transitional provisions
History of this document
01 December 1998 this version
05 April 1972